Default Entered

Cal. Super. - 6th Dist.May 29, 2019

ATTDRNEY QR PARTY wITHDD7 ATTQRNEY (Name, slate ser number, and eddteeel Hunt & Henriques, Attorneys at I aw Michael S. Hunt, Esq. ¹99804 Janalie Henriques, Esq. ¹111589 Anthony DiPiero ¹268246 151 Bemal Road Suite 8, San Josta CA 95119-1306 TELEPHONENOc 408-362-2270 Fax No. ioobonetf 408-362-2299 E-MAIL ADDREss (opdonetl; infoehunthenriques.corn ATTORNEY FOR (Namel: Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA ETREET AooREss: 191 North First Street MAILING AOORESR DITY AND zIPDCDE: San Jose CA 95113 BRANGH NAME: Santa Clara Superior Court District PLAINTIFF/PETITIONER: Capital One Bank (USA), N.A. DEFENDANT/RESPONDENT: YONG 8 WON FORCOURTUSEONLY Cly-100 REQUEST FOR EK Entry of Default ~ Clerk's Judgment 19CV348747(Application) Court Judgment Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, 8 1788.50 et seq.) (see CIV-105) 1. TO THE CLERK: On the compiduli or cross complaint filed a. on (dslejtMay29,2019 b. by (name)t Capital One Bank (USA), N.A. c. MX Enter default of defendant (nsmes): YONG 8 WON d. ~ I request a court judgment under the Code of Civil Procedure sections 585(b), 585 (c), 989, etc., against defendant (names)t Balance 32,647.50 $ $ $ 0.00 $ 0.00 per day beginning (dare) 494.50 33,142.00 Clerk, by Deputy Paw I ol 2 (Tes(imony required. Apply to the clerk for a hearing date, unless the court will enter s judgment on an affidavit under Code Civ Proc ¹ 585(d)) e. ~X Enter clerk's judgment (1) ~ forrsstitution of thepremises onlyand issue of writof execution on thejudgment. Code of Civi(Procedure section 1174(c) does not apply. (Code Civ. Proc., ¹ 1169.)~ include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right io Possession was served in compliance with Code of Civil Procedure section 415.46. (2) ~X under Code of Civil Procedure section 585(a). (Complete the declaration under Code Ci v. Proc., ¹ 585.5 on the reverse (i fem 5j.) (3) ~ for default previously entered on (daie)t 2. Judgment to be entered. Amount Credits acknowledoed a. Demand of complaint.............. $ 32,647.50 0.00 $ b. Statement of damages'1) Special ...................... $ $ (2) General...................... $ $ c. Interest ......................... $ $ d. Costs (see reverse) ............... $ 494.50 e. Attorney fees .................... $ $ f. TOTALS........................ $ 33,142.00 g. Daily damages were demanded in complaint at the rate of: $ (* Personalinjuryor wrongful death actions; Code Civ. Proc., ¹ 42511) 3. ~ (Checkif filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (compleieitem 4). Date: September 3, 2019 Anthony DiPiero ¹268246 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) (1) Default entered as requested on (date)t (2) Default NOT entered as requested (aisle reason): FOR COURT USE ONLY Folttl Adopted tot'andalonf Uee Judicial Council of Caltfomie CIV-100[Rev January 1,2015] DD0002CN REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) llllll8llllllllllllllllll Code of Civil Procedure, !Ill 555-557 1159 wwwcottftmfoca dol 1330878.001 on 9/4/2019 12:05 PM Reviewed By: D Harris Envelope: 3346244 FILED County of Santa Clara Superior Court of CA Clerk of The Court 19CV348747 By: DHarris 09/04/2019 09/04/19X DHarris PLAINTIFF/PETITIONER Capital One Bank (USA), N.A. DEFENDANT/RESPONDENT: YONG B WON CASE NUMBER. 1 9CV348747 C)V-'l00 A. Legai (iocument assistani Or uniaW(ui deiainer assistani (Bus. 5 Prof. Code, g (Mgu ei seq.j. A iegai uocurneni Oeaieieiii or unlawful detainer assistant M did HX did not for compensation give advice or assistance with this form. if Declarant has race/ved any help or advice for pay /rom a legal documenr ase/sianr or unlawful detainer assistant, state: a. Assistant's name; b. Street address, city, and zip code: c. Telephone noz d. County of registration. e. Registration no2 f. Expires on (dsfe)/ on a contract or installment sale for goods or services subject to Civ. Code, g 1801 et seq. (Unruh Act). on a conditional sales contract subject to Civ. Code, g 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). on an obligation for goods, services, loans, or extensions of credit subject to Code of Civ. Proc., g 395(b).c. IX is M is not 6, ~X Declaration under Code of Civ. Proc., 9 585.5 (rer entry O! default under Code GV. Pro, g 585(a)). This action a. C3 is ~X is not b. D is HX is not 3. Declaration of maglng (Code of Civ. Proc., 9 587). A copy of this Request for Entry of De/au/f was a. ~ not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names)/ b. ~X mailed first class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed on (date)/ September 3, 201 9 (2) To (spec//y names and addresses shown on the envelopes): YONG 8 WON 10410 CALVERT DR CUPERTINO CA 95014-3840 I declare under penalty ot perjury under the laws of the State of California that the foregoing items in 4, 5, and 6 are true and correct. Date: September 3, 2019 Anthonv DiPiero ¹268246 (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., 5 1033.5): a Clerk's filing fees ...................... $ 435.00 b Process server's fees................... $ 59.50 c. Other (specify)/........................ $ d. $ e. 'I $ 494.50 f. ~ Costs and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. I declare under penalty of perjury under the laws of the State ol Caldornia that the foregoing is true and correct. Date: September 3, 2019 / (SIGNATURE OF DECLARANTI 8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C, App. Ij 3911(2), or California Military and Veterans Code section 400(b). 9/3/2019NOT ACTIVE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date: September 3, 2019 Anthonv DiPiero ¹268246 r/YPE OR PRINT NAME( Civ.lec [Rev JaaoaW I, 2DISI DD0002CG l/SIGNATURE OF DECLARANTI REQUEST FOR ENTRY OF DEFAULT (Application io Enter Default) Pace 2 of 2 1330878.001 Department of Defense Manpower Data Center ~f I lahw. d l) Il,s ~lh Resubs ns of: Sep.os-hole 01 00 50 PM SCRA 0 0 SSN: Birth Date: Last Name: First Name: Middle Name: Status As Of: Certificate ID: XXX-XX-8232 WON YONG Sep-03-2019 SQ08QYQBDJ954SC on Awhw oldyonltcsve ority aldus oew otnyawowe Ssbw MA No The response retwcwswnrdrvrduwy scbve duly sluice rewed on Ihe Awive My eurus cub: Serves crnnponsw NA udtAcswtoiny aahw ae nels ceAcwe only sfrdrw ohle Aoawoueendcwe i essa i 'NA This response reflects wheelbe individuul left ucbve rmy sinewwdhw SST days precedes the Actus Ouly Status Outs deywwiaeaas~wybywwonhuh~atdydw~abrhw&dht Syba,': fui .;.'"., Mnlatr; . ': ', tvn,;.. 'bneWSM NA NA T tun we ponce rescue whether ttie frubvbluel er Idldrw witfhen nwebiwl rwly nolandwn lo w pun for sobvs duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NCAA, Public Health, and Coast Guard) This status includes information on a Servicemember or hisfher unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporbng System (DEERS) database which is the ofgcral source of data on eligrbrlity for military medical care and other elstibaty systems. The DoD strongly supports the enforcement of the Servrcemembers Civil Relief Act (50 USC App ? 501 et seo, as amended) (SCRA) (formerly known as the Soldiers'nd Sailors'ivil Relief Acrt of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the rndivrdual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family ..,e,..ber frienrt, orrepre en'ive a sert I a..y . ner!hat!he educed ! tv o. aobrre5 t; fo!he cbve duty statu 0!e, o i otheraisee.t!led!othe nrotectmns of the SCRA you are stronoly encouraoed to obtain further verificatron of the person's status by con!actino!hat persor/ Service Service contact information can be found on the SCRA website's FAG page (O33) vra this URL https://sera.dmdc.osd.mtt/faq.xhtml¹O33. If you have evidence the person on active du!y for the a/vive duty stat date nd you fag to ob!a n th. dd/tional Senrice ve iT/cation. pun/!ive provimn of the SCRA may Le invoked against you See 50 USC App.? 521(c) This response reflects the following information. (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active riuty stetrre within 357 rlays prerwrkng the Actwe Dvty Status Date (3) Whether thn rndivrrlual nr his/her unit rnnewnrl early nntmrration tn n.nnrt fnr nrtivr. duty on the Active Duty Status Date. More information on 'Active Duty Status" Active duty status as reported in this certificate is defined in accordance wrth 10 USC? 101(d) (1) Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were avarlable. In the case of a member of the National Guard, thrs includes service under a call to actrve service authorized by the President or the Secretary of Defense under 32 USC? 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds All Active Guard Reserve (AGR) members must be assigned against an authorized mobilrzation position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Actrve Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an actwe duty commissioned oflicer of the U S Public Health Service or the National Oceanic and Atmosphedic Administration (NCAA Commissioned Corps) Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certrlicate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 penods of Actwe Duty are not covered by SCRA, as defined in accordance with 10 USC? 101(d)(1). Many times orders are amended to extend the penod of active duty, which would extend SCRA protections Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have recewed orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all nghts guaranteed to Service members under the SCRA are protected WARNING This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous cerbficate to be provided